BVA9501465
DOCKET NO. 93-09 732 ) DATE
)
)
On appeal from the decision of the
Department of Veterans Affairs Regional Office in Milwaukee,
Wisconsin
THE ISSUE
Entitlement to service connection for a psychiatric disability.
REPRESENTATION
Appellant represented by: Wisconsin Department of Veterans
Affairs
ATTORNEY FOR THE BOARD
Robert P. Regan, Counsel
REMAND
The appellant served on active duty from June to November 1991.
He also served in the United States Army National Guard.
This matter came before the Board of Veterans' Appeals (Board) on
appeal of a December 1991 rating determination by the Department
of Veterans Affairs (VA) Regional Office (RO) located in
Milwaukee, Wisconsin.
A review of the service medical records reflects that the July
1991 hospital summary from the Wilford Hall United States Air
Force Medical Center contains a history of the appellant being
hospitalized in 1981 which the appellant indicated was for
stress. The appellant, in a statement dated in February 1993,
indicates that he received private psychiatric treatment in
December 1979. These records are not on file.
In accordance with the statutory duty to assist the appellant in
the development of evidence pertinent to his claim, the case is
REMANDED for the following actions:
1. The RO should request the National
Personnel Records Center to furnish a
statement of the appellant's service in the
United States Army National Guard, to
include dates for all active duty, active
duty for training and inactive duty
training.
2. The RO should furnish the appellant the
appropriate release of information forms in
order to obtain copies of all medical
records both prior to and following the
appellant's period of active duty in 1991.
The records are to include the December
1979 treatment records from Dr. Richard
Koch and the hospital records pertaining to
the appellant's hospitalization in 1981.
3. Thereafter, a VA psychiatric evaluation
should be performed in order to determine
the nature and severity of the appellant's
psychiatric illness. All testing deemed
necessary should be performed. In
conjunction with the review of the
appellant's claims folder, it is requested
that the examiner render an opinion
regarding the following:
a. When was the appellant's
psychiatric disorder initially
clinically manifested?
b. If a psychiatric disorder was
clinically manifested prior to
service, did the psychiatric disorder
undergo a permanent increase in
severity during his period of active
duty from June to November 1991?
It is requested that the examiner include a
discussion and reasons for the opinion.
Thereafter, the case should be reviewed by the RO. If the
benefit sought is not granted, the appellant and his
representative should be furnished a supplemental statement of
the case and an opportunity to respond. The case should then be
returned to the Board for further appellate consideration.
GARY L. GICK
Member, Board of Veterans' Appeals
The Board of Veterans' Appeals Administrative Procedures
Improvement Act, Pub. L. No. 103-271, § 6, 108 Stat. 740, ___
(1994), permits a proceeding instituted before the Board to be
assigned to an individual member of the Board for a deter-
mination. This proceeding has been assigned to an individual
member of the Board.
Under 38 U.S.C.A. § 7252 (West 1991), only a decision of the
Board of Veterans' Appeals is appealable to the United States
Court of Veterans Appeals. This action has been taken in
accordance with the Veterans' Benefits Improvements Act of 1994,
Pub. L. No. 103-446, § 303, 108 Stat. 4645, ___ (1994), and is in
the nature of a preliminary order and does not constitute a
decision of the Board on the merits of your appeal. 38 C.F.R.
§ 20.1100(b) (1993).